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Commuter (SAMS)

I. Client’s Responsibilities

You are the administrator of the transit and/or parking plan(s) (each a “Plan”).  As such, only you have the power to waive, alter, breach or modify any of the terms and conditions of the Plan, and you exercise all discretion, control or authority with respect to the disposition of the available benefits. As such, you shall:

  1. Determine which individuals are eligible to participate and provide us with accurate and complete initial enrollment and eligibility data in the prescribed electronic data file format. 
  2. Provide accurate and timely changes to participant enrollment and eligibility data, including, but not limited to, information that modifies a participant’s eligibility, status or election under the Plan in the prescribed electronic data file format.
  3. Provide correct and accurate delivery addresses used in the fulfillment of commuter fare media, including any changes or modifications thereto, if you have assumed sole responsibility for control of addresses for your participants (note that no delivery address information or modifications thereto will be accepted directly from participants).
  4. Require that interested employees complete their commuter elections prior to your election deadline.
  5. Execute a Funding Agreement and provide all funding required to cover all payments made under the Plan.  We shall not be obligated to issue any payments in the absence of an executed Funding Agreement. 
  6. Timely pay all service fees and invoices.

II. WageWorks’ Responsibilities 

We have been engaged by you to provide certain administrative services in connection with your Plan.  Accordingly, you have authorized us to use our standard procedures for the provision of these services that have been designed to ensure that the administration of your Plan is in compliance with IRS Code §132(f) and all other applicable regulations.  We shall provide our services in accordance with the framework of policies, interpretations, rules, practices and procedures as set forth in the Plan documents, and as otherwise mutually agreed upon or as directed by you.  We shall:

  1. Provide you with a set of electronic file specifications for the delivery of data to us.
  2. Process data files received from your Plan and/or payroll data processor in the format and method specified by us.
  3. Process initial and ongoing enrollment and eligibility data files submitted by you in the prescribed electronic data file format.
  4. Process enrollment data received through proper methods (e.g., secure file transport).
  5. Facilitate reimbursement of eligible commuter expenses submitted by participants through either payroll and check or direct deposit if you have provided prefunding.
  6. Procure and fulfill orders for participants’ elected commuter media, including passes, electronic loads, and bill payment services.
  7. For physical commuter media, we will:
    • Ship to the addresses provided by you or your participants; and
    • Mail commuter media associated with bill payment services to designated delivery addresses provided by you or your participants, as applicable.
  8. Administer all funding provided by you pursuant to the terms of the Funding Agreement.
  9. Provide reimbursement of any post tax-balances or deductions pursuant to IRS § 132(f).
  10. Reimburse a participant who files a timely claim for undelivered physical transit media as long as he or she files such claim in compliance with the directions outlined on the participant website.  With respect to the “commuter order model,” reimbursements for timely filed participant claims for undelivered transit media will be made as follows:
    • If delivery addresses are provided by your participants and we mailed the transit media to the designated address with sufficient postage, your participants are allowed one lost pass reimbursement per year at no cost.
    • After the single lost pass per year, if delivery addresses are provided by you and we mailed the transit media to the designated address with sufficient postage, you shall be responsible for 100% of the reimbursement costs of such undelivered transit media.
    • After the single lost pass per year, if we either failed to mail the transit media to the delivery address provided by you or your participant, as applicable, or affixed insufficient postage, then we will be responsible for 100% of the reimbursement costs.
  11. Provide customer service representatives who are available to answer participant phone calls during the period of 8:00 AM ET to 8:00 PM ET, Monday through Friday, excluding holidays and other non-business days. 
  12. Provide participants with 24/7 access (excluding scheduled maintenance) to our website and our interactive voice response phone system, where participants can access information regarding their commuter benefits. 
  13. Participate in enrollment meetings and benefits fairs for an additional charge.

(V.3 5/02/2017)